People ex rel. Langdon v. Reid

Citations

• 6 Cal. 288
• 1856 Cal. LEXIS 131

Syllabus

<p>The Act to establish an Insane Asylum providing that the resident physician shall hold his office for two years, and until his successor is appointed and qualified, Held, that bn failure of the Legislature to elect at the expiration of the incumbent’s term, the office becomes de jure vacant, and can be filled by the Governor, under Art. V, sec. S, of the Constitution.</p> <p>The words extending the incumbent’s tenure “ until his- successor is appointed and qualified,” were intended only to prevent a hiatus or interregnum occurring between the last day of the incumbent’s term and the day on which his successor enters into office, during which time the incumbent is a mere locum tenens.</p> <p>Any other rule would continue the incumbent of any elective office for another full term, where there was a failure to elect his successor; for if there is no vacancy caused thereby, there is no authority for an election, except to fill a vacancy, until the expiration of another term.</p>